Legal Question in Family Law in New Jersey
Child custody
I am a us citizen and so is my six year old son. Leagally do i
have custody of him since his mother is not a us citizen?
Usually the law tends to favor the mother. Is this a different situation? I take care of the both of them and lately she keeps saying she's going back to her country. I just need to know if i am in control of making all the decisions regarding my son?
3 Answers from Attorneys
Re: Child custody
More facts are neeeded to answer your question. You have joint custody even though your wife is not a citizen. We have this issue in many of our family law cases. You do not have custody to make all decisions regarding your son. If you cannot reach agreement, the courts will be reluctant to allow the child to leave the US for some countries at all whereas they may allow it with others.
In addition, the courts will want to know why a child should leave an involved parent such as you for a foreign country where the future involvement will be less.
Consultation with an attorney would be a useful to guide you.
Re: Child custody
Without knowing more facts, you have no more rights than the mother. I have been in divorce cases involving illegal aliens. The State court just doesn't care and an illegal alien has just as much rights to the child as the citizen does.
If you really want to get full custody of the child, I suggest getting an attorney and filing the proper motion.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: Child custody
She can not take the children out of the country without either your consent or a court order authorizing same. Custody is determined based on the best interest of the children.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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